Costs and Expenses Related to a Fair Hearing

by Gene Doyle, LMSW

Under federal and state regulations, appellants are entitled to the payment or reimbursement of necessary costs and expenses related to their Fair Hearings. See 45 CFR § 205.10(b)(4); 42 CFR § 431.250(f); 18 NYCRR §§ 358-3.4(i) and 358-4.3(d). The state regulations, in effect since January 15, 1989, specify that a

"social services agency must provide necessary transportation and transportation expenses to and from the fair hearing for the appellant and appellant's representatives and witnesses and payment for appellant' s necessary child care costs and for any other necessary costs and expenditures related to the fair hearing."

18 NYCRR § 358-4.3(d); accord 18 NYCRR § 358-3.4(i).

Prior Versions of New York's Current Regulations

Prior versions of these New York regulations also required payment or reimbursement of necessary costs and expenses related to their Fair Hearings.

From April 22, 1972 through January 14, 1989, 18 NYCRR former § 358.10 provided, in pertinent part:

If requested, necessary transportation for the appellant and his representative and witnesses, child care and other costs and expenditures reasonably related to the hearing shall be provided by the social services official.

From March 1, 1968 through April 21, 1972, 18 NYCRR former § 84.7 likewise required that

if requested, necessary transportation for the appellant and his representative and witnesses, and other costs and expenditures reasonably related to the hearing, shall be provided by the social services official.

Where a request for payment of hearing-related expenses has been denied or not acted upon by the local agency, the matter may be reviewed as a supplemental issue at the Fair Hearing. See Matter of T. C., FH #: 4446823Y (OTDA February 21, 2006).

Fair Hearing Decision Digest on Costs and Expenses Related to a Fair Hearing

The following Fair Hearing Decisions reversed determinations where a local agency denied or failed to act on requests for payment and/or reimbursement of Fair Hearing related costs and expenses.

Decisions issued since November 2010 are available through the Fair Hearing Decision Archive of the Office of Administrative Hearings (OAH).

You can also search for selected decisions in the Online Resource Center's (ORC's) Fair Hearing Bank, which requires registration. After you are registered, log in to the ORC's Fair Hearing Bank.

Fair Hearing Related Costs and Expenses:	FH #:
Child Care Costs for Appellant's Previous Fair Hearing	1084607Y 0947611M 0749686K 0559736Z 0496119P
Cost of Handwriting Expert	---
Reimbursement for Appellant's Representative	0736229R
Cost of Obtaining Agency-Requested Documents for Prior Fair Hearing:	---
Reimbursement for Appellant's Representative	5450153M
Cost of Psychological Evaluation of Appellant	---
Reimbursement for Appellant's Representative	1194883P
Cost of Service of ALJ's Subpoena:	---
Reimbursement for Appellant's Representative	1541494Q
Postage:	---
Mailing of Documents by Appellant's Representative to the Agency as Part of Briefing Schedule	4125861K
Mailing of Documents by Appellant's Representative to OAH at ALJ's Direction	5476364K
Transportation	---
Public Transportation - Reimbursement for	---
Appellant	6407689J
Appellant and Representative	6219901N 1096524H
Appellant's Representative	4446823Y
Appellant's Witness	5623357K
Airfare - Reimbursement for	---
Appellant's Witness	0953753Q
Cab Fare - Reimbursement for	---
Homebound Appellant	0625659Z & 0625653N 0576591L & 0576959Q
Car Service - Reimbursement for
Appellant Who Cannot Use Public Transportation	7330756L 7626558M
Rental Car - Reimbursement for	---
Appellant's Witness	0953753Q
Mileage Reimbursement for	---
Appellant	5743926Z 6194152P 7008714Q
Appellant's Representative	0165148M 0120717K
Parking Fees - Reimbursement for	---
Appellant	6194152P
Transportation Reimbursement Where Previously Scheduled Fair Hearing Was Not Heard	---
Appellant and Appellant's Representative	2885835Y

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